CFPB: Qualified Mortgage Rules Jibe With CRA

Four federal regulators, including the NCUA, said in a joint statement sent to financial institutions on Friday that the CFPB’s new mortgage rules are compatible with the Community Reinvestment Act.

“The agencies recognize that some institutions may originate only or predominantly QMs, particularly when the bureau’s Ability-to-Repay Rule first takes effect. In fact, the agencies note that some institutions’ existing business models are such that all of the loans they originate satisfy the requirements for QMs,” said the guidance.

“The requirements of the bureau’s Ability-to-Repay Rule and the fair lending laws are compatible. Similarly, the requirements of the bureau’s Ability-to-Repay Rule and CRA are compatible. Accordingly, the agencies that conduct CRA evaluations do not anticipate that institutions’ decision to originate only QMs, absent other factors, would adversely affect their CRA evaluations,” it said.

Under the CRA, the agencies are required to assess the performance of financial institutions in addressing the credit needs of their communities, including “low and moderate-income neighborhoods, consistent with safe‑and‑sound operations.”

The Fed, the FDIC, the NCUA and the Office of the Comptroller of the Currency issued the guidance.

“The agencies recognize that many institutions are in the process of assessing how to implement the bureau’s Ability-to-Repay Rule. The agencies emphasize that institutions may originate both QMs and non-QMs, based on their business strategies and risk appetites. Residential mortgage loans will not be subject to safety-and-soundness criticism based solely on their status as QMs or non-QMs,” said the statement.